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PART IVPERFORMANCE AND MANAGEMENT OF SCHOOLS

Appointment of additional governors for school not providing acceptable standard of education

14.—(1) Where a report made under Article 102 of the 1986 Order (inspections) in relation to a grant-aided school—

(a)states that—

(i)the school is failing to give its pupils an acceptable standard of education; and

(ii)that failure is due (in whole or in part) to the management of the school by the Board of Governors; and

(b)recommends that the power of the Department under this Article should be exercised in relation to the school, the Department may appoint such number of additional voting members to the Board of Governors of the school as it thinks fit.

(2) Where it appoints any additional voting members to the Board of Governors of a school under this Article, the Department may appoint one of those additional members as chairman of the Board of Governors.

(3) In relation to any appointment made by the Department under this Article to the Board of Governors of a school—

(a)the scheme of management of the school; and

(b)any other instrument of government of the school, shall have effect as if, notwithstanding anything in Article 10 or 11 of the 1986 Order or Article 66 of the 1989 Order, the scheme and the instrument authorised the Department—

(i)to appoint such number of additional voting members to the Board of Governors as it thinks fit; and

(ii)to appoint one of those additional members as chairman of the Board of Governors.

(4) Before making any appointment under this Article in relation to the Board of Governors of a school, the Department shall consult—

(a)the trustees of the school;

(b)the board for the area in which the school is situated; and

(c)(in the case of a Catholic maintained school), the Council for Catholic Maintained Schools.

(5) Any additional voting members or chairman appointed under this Article shall hold and vacate office in accordance with the terms of their appointment.

(6) In this Article “voting members” has the same meaning as in Article 122 of the 1989 Order.